In re D.Y.C.
Mother and father appeal from the judgment entered by the juvenile court with respect to their minor daughter under Welfare and Institutions Code section 300.[1] The court found the minor’s testimony regarding alleged sexual abuse, alcohol abuse and domestic violence not credible and struck all of the allegations of the section 300 petition. Nevertheless, the court sua sponte purported to amend the petition to conform to proof by adding and sustaining a new allegation that the parents were neglectful in failing to obtain a mental health assessment and treatment for the minor’s “undiagnosed mental health issues.†We reverse, finding the parents failed to receive adequate notice and a reasonable opportunity to be heard concerning the new allegation in violation of their right of due process.
Comments on In re D.Y.C.